Thursday, July 2, 2009

Will Foster is in severe pain: Part 2: Will's words

Will Foster is in severe pain: Part 2

In Will’s own words, followed by a news story about his case from DRCNet.




Letter from Will Foster -- 93 Years for Marijuana Conspiracy


I am a 38-year-old male who was sent to prison for exercising my

constitutional right of Freedom of Choice, (we are free people right?).

I was convicted for cultivation of marijuana, on January 16, 1997, in

Tulsa Oklahoma and sentenced to serve 93 years in prison on your tax

dollars. This is the first time I have ever been in trouble. I was a

productive citizen of the United States for the last 20 years, I paid

taxes and even served my country in the United States Army.

I used marijuana for medical purposes. I have crippling arthritis

in my feet, hips, lower back and hands. I did not enjoy the side effects

of the drugs my doctors prescribed for me, which were mostly codeine

based narcotics. These drugs can be highly addictive if used over an

extended amount of time. The prescribed drugs left me moody, tired,

and edgy, making it very difficult to enjoy my family and to perform

my job. I have had my own business for the past 8 years as a computer

programmer/analyst. So I elected to medicate myself, which is allowed

in the constitution under the FREEDOM OF CHOICE, in the 8th amendment

addressing PAIN AND SUFFERING and in the 14th amendment in ALL PEOPLE


Right now there are 8 people in the United States who are a part of

the Compassionate Use Program. These people receive government grown

marijuana on a monthly basis. Some of these people have the same

condition as I do. I do not understand how these 8 people differ

from others also in pain. I hold no ill feelings for these 8 people,

only for the government who continues to discriminate against the rest

of us.

I protected my children and my wife, in every respect. My children did

not do without any item of which they needed, nor did they EVER SEE OR

KNOW of my marijuana garden. I had my medical garden in an underground

bomb shelter, with a corrugated steel door, of which only I had the

key. If I was going to self medicate, then I would convene to my

bedroom and behind closed doors, relieve my pain. We were a happy,

typical family, who had a life, and had dreams. The Tulsa Police

Department, however had different ideas.

The Tulsa Police Department. and the Special Investigation Division

(SID) entered our home on December 28, 1995 on a "John Doe" search

warrant, looking for methamphetamine. They found no methamphetamine

or any evidence that it had ever existed, they did however find my

medical marijuana garden . To make a short story of it, the affiant,

who is a sworn Tulsa Police Officer, stated that his affidavit was

true, yet they found nothing listed on the search warrant. They found

a total of $28.00 in cash. All of this transpired due to a "confidential


During the trial, I was refused the right to face all of my accusers.

The judge simply, refused to force the state to bring forth this so

called, confidential informant - a direct violation of my constitutional

right. During the 2 years it has taken to get this to a trial, the

police department has had an "itch!" when it came to my case. You must

understand, that almost everyone else in Tulsa County, ever busted for

possession or cultivation, has "taken a deal." To take the issue to a

jury trial was simply unheard of, and so, in October of 1996, when the

District Attorney and the Special Investigations Division, found out

that I had no intention of "taking the deal," they decided to "put

the pressure" on.

On October 22, 1996 I was leaving my home, (a different residence by

this time, my wife simply could not take living in the house where

they had violated us). I had pulled into a gas station to fill up

my car, when a Tulsa police officer pulled in behind me. Upon exiting

his vehicle he called me by name, and insisted on seeing my driver

license and insurance form. He stated that I had failed to signal

from my residential street onto the main street. He then proceeded

to search my person and my vehicle. When I questioned this, he

stated that "he knew I had marijuana" either on me or in the car.

He also phoned in on his cellular phone, to the same officers who

had arrested me in December 1995. They had an amazingly good

response time, less than one minute. They found NO MARIJUANA on my

person or in my car, yet they still arrested me for failure to signal.

I was detained in the County jail from 10:10 am until 9:00 pm without

having any charges brought against me. During the time I was sitting

there, my wife found out where I was and came down with my sister in

law and posted bail on the traffic violation. They still DID NOT

RELEASE ME. They did however manage to get yet another search warrant

for our home, and while NO ONE WAS THERE, searched the premises.

They claimed on the affidavit for this warrant, that even though

they had found no marijuana, I had "the odor" of marijuana about me,

therefore granting them access to a warrant.

The same police officers, who had searched our home in December 1995,

took my house keys from me and granted themselves entry to our home

prior to the search warrant ever being signed by a judge. They then

claimed to have found marijuana, however I know this is all a false

claim, I NEVER KEPT marijuana in my home after the bust of December

1995. I guess, considering the fact that no one was in the house

except for them, they could have found whatever they wanted, do

you understand? They needed to insure that the additional charges

would deter me from having an actual jury trial - but they thought

wrong. In the course of all of this injustice, the District Attorney's

advice was decided against, pressing the additional charges. I believe

he was doubtful of their authenticity. What has happened to our 4th

amendment right, of "UNLAWFUL SEARCH AND SEIZURE?"

Now, I am in prison at the expense of all of you good people. And

why? Because, 12 people decided that smoking and/or growing marijuana

is more harmful than murder. That is what it really comes down to.

My sentence is longer than they give murderers, rapists and child

molesters. Since I have been incarcerated I have received NO MEDICAL

TREATMENT whatsoever. I risk the loss of my left leg, from the knee

down. Is this how it was meant to be? Did I not serve this country

faithfully when she needed me? And now that I need her, where is

she? Hiding behind the skirts of "law and order"?

Disheartened is an understatement. I am lost. Lost in a system,

that just doesn't give a damn. Lost from my family and friends,

and for what purpose? Because I chose a clean and safe medicine.

Because I chose not to become an addict to the pharmaceutical

companies. Because I exercised my freedom of choice.

Upon research, I have found out that over 60% of the people in the

same private prison in which I now sit, are non-violent offenders.

This is costing the tax payers about 8 billion dollars a year.

Before I was sent to Texas, our governor of Oklahoma took 14.2

million dollars from the state educational fund and paid off

the debt owed to this facility.

Oklahoma is the 3rd largest incarcerator of people and we are 47th

in children's education, in the United States. We spend over a billion

dollars a year on out of state prisons. I am tired of the injustice

being inflicted upon the people who are in pain and suffering.

This is not what our country was based on. It is time for a change

in our state and in our nation. Take a long look at the government,

and police and you will see. This is not what our founding fathers

wanted. This is still a country of BY THE PEOPLE AND FOR THE PEOPLE!

It is our government to do with as we choose. It is time to take

control of our own destiny. If we don't, than it will be a time of

death for America as we know it to be. I hope that I have touched

some of you, I hope that you will remember me, and my family.

Once upon a time, I believed in America and what she stood for,

once upon a time I had life, liberty and the pursuit of happiness.

Help to put an end to this travesty. Don't make me a martyr for


Peace to all.

Updated 6/26/09

Back to the Wall

Next Prisoner of the War on Drugs




June 26, 2009 -- Drug War Chronicle (US)

American Nightmare -- Will Foster and Justice, Oklahoma Style


Will Foster became a poster child for the mindless cruelties of the

drug war more than a decade ago. The Tulsa small businessman and medical

marijuana user -- he suffers from degenerative arthritis -- was raided

by police with a warrant for a methamphetamine lab back in 1993. Police

found no meth, but they did find a small marijuana garden. The

unfortunate Foster was quickly sentenced to a mind-blowing 93 years in


Complete story at:

Will Foster is in severe pain: Governors: Please Do Not Extradite to Oklahoma

After spending over one year in jail for charges that have been dropped, he is still subject to extradition to Oklahoma, to face the remainder of a 20 year sentence for growing marijuana for his chronic pain.


Below is the letter I sent to the Governor Arnold Schwarzenegger on 6/24/09 regarding my patient, Will Foster.  Please read, and send a letter also if you would.


Instructions of sending letters to Governor Schwarzenegger of California and to Governor Brad Henry of Oklahoma follow below, at the end of my letter.

Blog posting immediately after this one will be a letter from Will Foster himself and a news story about his case from DRCNet.




                                                     Frank H. Lucido  M.D.

                                                       Diplomate A.B.F.P.

                                                     2300  Durant Avenue

                                                       Berkeley, Ca, 94704


                                                         fax 510-848-0961






William Joseph Foster, D.O.B. 9-12-1958

Oklahoma Incident # 687031 – 12-29-1995

Oklahoma Case # CF-96-49

Oklahoma Docket # 751133

California DOC #252721




Dear Governor Arnold Schwarzenegger,


I am writing to you out of extreme concern regarding my patient, William Foster.


After spending one year in jail for charges that have been dropped, he is still subject to extradition to Oklahoma, to face the remainder of a 20 year sentence for growing marijuana for his chronic pain.


Gov. Schwarzenegger, please recall the warrant of rendition signed against

William Foster.  And please urge Gov. Henry of Oklahoma to commute William Foster’s sentence.



I have been Will Foster's primary care physician since 2003.


Will suffers severe chronic pain due to Rheumatoid Arthritis, and lumbosacral back pain with right-sided sciatic pain.  He also has a chronic anxiety syndrome.  All of these have been made worse by his incarceration, and the authorities refusal to allow his use of medical cannabis which significantly reduces his chronic pain.  As his primary care physician, I have recommended that he use medical cannabis to control his severe pain, in compliance with the California Compassionate Use Act of 1996. 


To make matters worse, the authorities have not allowed him to be evaluated by a back pain specialist, either in Berkeley, or closer to the site of his incarceration.



Continued incarceration will make his condition worse, and lead to more unnecessary suffering.


Now that the state and local charges have been dropped, it would be a travesty of justice for him to remain in jail, where he is subject to extradition back to Oklahoma to face charges of parole violation for cultivating and using medical cannabis legally under California law.


Please be an example for other public figures, and be an example of compassion, and fiscal restraint.  Allowing seriously ill patients to be incarcerated and suffer needlessly is cruel punishment for growing and using a legal medication which has never caused a death.


I urge you to rescind your extradition order, and release Will to my care for further diagnosis and treatment.


I urge you to take the lead in ending the damage to the lives of our citizens and their families, that results from incarcerating patients for using this safe and effective medicine.



I have been practicing Family Medicine in Berkeley since 1979.  

My practice standards described in my article  "Implementation of the Compassionate Use Act in a Family Medical Practice: Seven Years Clinical Experience" co-authored with Mariavittoria Mangini, PhD, FNP

(Published in the Spring 2004 issue of O'Shaughnessy's, the Journal of the Society of Cannabis Clinicians)

are acknowledged to be among the best and most protective of any physician's.

and have been acknowledged favorably by the members of Medical Board of California.








Frank H. Lucido MD

Family Practice since 1979

Medical Cannabis Consultation

Expert Witness

2300 Durant Avenue

Berkeley Ca 94704

510.848.0958 (by appointment only) 





Will Foster  And why we need to change things....


Please consider taking a few minutes to follow this link and send the

letter. Prison is like being tossed in a hole and having the world

forget you are alive. We have to right this injustice.  Will you take

a moment to familiarize yourself with the history behind Will Foster,

and then do the right thing. We need to give this man his freedom.




RE: William Foster -- Contacting the Governors of California and Oklahoma       


To Email Gov. Schwarzenegger: Click the following link:

For Purpose of communication select "NEED HELP," - type in your first and

last name along with your email address. For your SUBJECT, select "PARDON

REQUEST," and click SUBMIT. This should bring you to the form where you

can copy and paste the letter that appears below. Please remember to sign

your name at the end of the letter.


To Email Gov. Brad Henry: Click the following link:

Fill out the Required Fields. Under OKLAHOMA COUNTY select "TULSA." When

choosing your AFFILIATION we recommend you choose "POLITICAL ADVOCATE."

If you wish to fill in the TOPIC, we recommend “ William Foster’s




William Joseph Foster, D.O.B. 9-12-1958

Oklahoma Incident # 687031 – 12-29-1995

Oklahoma Case # CF-96-49

Oklahoma Docket # 751133

California DOC #252721




ALSO: Send the letter by fax or mail to JANIELLE JENKINS -

Gov. Schwarzenegger's Extradition Specialist:


Janielle Jenkins - Extradition Specialist

Office of Gov. Arnold Schwarzenegger

State Capitol Building

Sacramento, CA  95814


FAX: 916-558-3160


Will you help?

Richard Muller